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2022 Supreme(Del) 1823

NEENA BANSAL KRISHNA
Saiyid Sirajul Hasan – Appellant
Versus
Shri Syed Murtaza Ali Khan Bahadur Of Rampur (deceased) Through Legal Heirs. – Respondent


Advocates appeared:
Mr. Kailash Vasdev, Sr. Advocate with Ms. Pallak Bhagat, Mr. Umrao Singh, Ms. Nayantara & Ms. Reshmi Rea Sinha, Advocates., for the Plaintiff; Mr. C.A. Sundaram, Sr. Advocate with Mr. Saurabh S. Sinha, Ms. Rohini Musa & Mr. Tarang Agarwal, Advocates., for the Defendant No. 1(3) & 1(4); Mr. Sudhir Chandra, Sr. Advocate with Mr. Praijat Sinha, Mr. Gaurav Ghosh & Mr. Zulnoor Ahmed, Advocates., for the Defendant Nos. 3(i) to (iii) & 9 to 13

JUDGMENT

I.A.8684/2022

1. An application under Order VI Rule 17 Code of Civil Procedure (hereinafter referred to as CPC) has been filed on behalf of the plaintiff for amendment to incorporate the shares of the parties on account of death of some of the original parties and for correction in suit valuation in various paragraphs of the plaint.

2. It is submitted in the application that due to the demise of some of the parties during the pendency of the suit, the sahams/ shares of the surviving parties/ legal representatives/heirs of the deceased who are already party on record have changed. Hence, the plaintiff seeks to amendment the plaint by adding paragraph 9A to 9F describing the shares of the various parties to the present suit.

3. Further, the value of the properties as referred to in paragraph 13, 14 and 15 and in Exhibit 1, 2 and 3 which are the subject matter of the partition in this suit, was based on Government/Tax Authorities valuation/estimates done much prior to the date of filing of the plaint. The plaintiff verily believes that the market value of the properties in the Exhibits 1, 2 and 3 taken together at the time of filing of the plaint was Rs.25 crore. Hence, the plain

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